end that a recurrence of epidemic and infectious diseases may be prevented, thereby assuring protection to the people and commerce of Cuba, as well as to the commerce of the Southern ports of the United States and the people residing therein.

ART. VI. The island of Pines shall be omitted from the boundaries of Cuba specified in the Constitution, the title of ownership thereof being left to future adjustment by treaty.

ART. VII. To enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defence, the Cuban Government will sell or lease to the United States the lands necessary for coaling or naval stations, at certain specified points, to be agreed upon with the President of the United States.

ART. VIII. The Government of Cuba will embody the foregoing provisions in a permanent treaty with the United States.

With the testimony of our greatest consideration, very respectfully, the President, DOMINGO MÉNDEZ CAPOTE.

PROVISIONAL ELECTORAL LAW FOR THE CONSTITUTION OF A REPUBLICAN GOVERNMENT FOR THE ISLAND OF CUBA.

No. 218.]

HEADQUARTERS DEPARTMENT OF CUBA,

Havana, October 14, 1901. The military governor of Cuba directs the publication of the following order:

I. An election will be held throughout the island on December 31, 1901, which is hereby declared a legal holiday, at which there will be elected Presidential and Senatorial electors; members of the House of Representatives; governors of provinces and members of provincial councils, as hereinafter provided for.

II. Another election will be held throughout the island on February 24, 1902, which is also hereby declared a legal holiday, at which there will be elected the President, Vice-President, and Senators as hereinafter provided for.

III. PROVISIONAL ELECTORAL LAW FOR THE CONSTITUTION OF A REPUBLICAN GOVERNMENT FOR THE ISLAND OF CUBA.

CHAPTER I.

ELECTORAL RIGHT.

ARTICLE 1. All male Cubans over 21 years of age will be electors for the offices of Representatives, governors of provinces, members of provincial councils, electors for the election of Senators, President, and Vice-President of the Republic, except the following:

1st. Those judicially disqualified by reason of crime.

2nd. Those mentally incapacitated, having been previously judicially so declared.

3rd. Those belonging to the land and naval forces that may be in active service.

4th. Those confined in charitable institutions.

CHAPTER II.

CONDITIONS OF ELIGIBILITY.

ART. 2. All Cubans who know how to read and write and who are in the full enjoyment of their civil and political rights, possessing the following requisites, are eligible:

(a) For governors of provinces or members of provincial councils: 1st. To be a native or naturalized Cuban with eight years' residence in the island, counted from the date of his naturalization. 2nd. To have reached the age of thirty years and to be a native of the province or to be a resident therein for more than two years. 3rd. To be the head

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of a family, or a property owner, or a taxpayer in the province for at least one year prior to the election; or to have a professional title or have filled a public office by popular election.

(b) For Representatives: 1st. To be a native or a naturalized Cuban with eight years' residence in the island, to be counted from the date of his naturalization. 2nd. To have reached the age of twenty-five years.

(c) For Senatorial electors: 1st. Taking into consideration the number of these required in a province, one-half will be composed of electors who, being of age and knowing how to read and write, may be residents of any municipality of said province for one year prior to the election and who are greatest taxpayers, and the other half will be composed of electors of age, also residents of a municipality of the province, who may know how to read and write.

(d) For Presidential electors: 1st. To be a native or a naturalized Cuban with eight years' residence in the island, to be counted from the date of his naturalization. 2nd. To be of age and a resident of any municipality of the province in which he may be elected.

(e) For Senator: To be a native-born Cuban and to have reached the age of thirty-five years.

(f) For President of the Republic: 1st. To be a native or naturalized Cuban, and in this case to have served Cuba under arms in her wars for independence during at least 10 years. 2nd. To have reached the age of 40 years.

(g) For Vice-President of the Republic: The same requisites as for President.

CHAPTER III,

INCOMPATIBILITIES AND DISABILITIES.

ART. 3. The filling of any public elective position is incompatible with the filling of any other official position paid by the Republic, as well as with any other employment that may be paid from State, provincial or municipal funds; excepting, as far as the offices of Senators and Representatives are concerned, that of professor of an official establishment obtained by competitive examination prior to the election. Those who, in any of the cases referred to, may be elected, will not be admitted to the discharge of their duties until they have ceased in their other positions or duties.

ART. 4. The following are incapacitated to discharge the duties of their positions, even in case they were legally elected, or to continue in the exercise of same, at whatever time the incapacity may be

declared:

1st. Those comprised in any of the exceptions referred to in article 1 of this law;

2nd. The elected officials who, according to the case, do not combine the respective conditions set forth in the paragraphs of article 2 of this law;

3rd. Those who may be managers or directors of any enterprise or firm having any contract paid from State, provincial, or municipal funds; those who may have any claim pending decision in connection with such contracts, and those who may be partners of any one comprised in any of the aforementioned cases, or who may be debtors to the Public Treasury, having given bond for themselves or for any other

person.

CHAPTER IV.

ELECTORAL REGISTRY.

ART. 5. To exercise the electoral right it is necessary to be registered in the corresponding electoral registry; that is, the book wherein the full names, place of birth, age, occupation, civil status, and residence of the Cuban citizens who may be electors shall be recorded.

The electoral registry of each municipality will be prepared in alphabetical order of second names, with the names that are given in the partial lists of electors who may be registered in each ward of the municipality, according to the decree of the military government, dated April 18, 1900, and with the new registration that may be effected according to the provisions of Chapter V of this law.

ART. 6. Within the fifteen days following the promulgation of the present law the municipalities will issue certified copies of the list of electors of each one of its wards, as referred to in the foregoing article, which certificates are to be delivered to the respective presidents of the boards of registration.

CHAPTER V.

REGISTRATION

ART. 7. Ten days after the promulgation of the present law the municipal mayors will call the electors, who will meet in their respective wards within the eight days following the date of the call, and in the place and at the date which will be fixed, and proceed to the election of the board of inscription of the ward. In the absence of the mayor, a councilman must appear in each ward, and in his absence a delegate appointed by the mayor, for the constitution of the provisional board referred to in the following article.

ART. 8. At eight o'clock in the morning of the day fixed for the meeting, the mayor, or the councilman, or the delegate appointed for that purpose will invite the eldest and the two youngest of the electors present among those who know how to read and write, in order that the former may preside over the board and the two latter act as secretaries. Should any doubts or claims arise in reference to the age of said persons, it will be decided by lot between them.

In the event that at ten o'clock in the morning there should not have come to the meeting over ten persons combining the conditions of electors, and if none of those present cares to accept the place on the board that corresponds to him, the mayor, or the councilman, or the delegate will appoint the provisional board from among the residents of the ward who may have the necessary requisites.

ART. 9. As soon as the provisional board is constituted, the president will say aloud: "The voting for the election of the members of the board of registration will commence," and from that moment until five o'clock of the same day the voting will remain open, the members of the board being the first to cast their votes.

ART. 10. The board of registration will be composed of three residents of the municipality who know how to read and write, elected by

ballot and by a majority of votes; no elector may vote for more than two members and two substitutes thereof. The positions on the board of registration shall be without salary.

ART. 11. The citizens shall approach the table one by one and, after having affirmed or sworn that they are electors, will deliver to the president one by one the folded ballot containing their vote. The president will place same in the ballot box, saying: "Vote of elector If any doubt arises as to the identity of the elector he will be identified by the declarations of the electors present. When the personality of the elector is not identified, he will not be allowed to vote, and the board will so state in the minutes.

ART. 12. At five o'clock in the afternoon the president, in the name of the law, will forbid further entrance, closing the doors if considered necessary. The voting will continue until the ballots of the electors present have been received, and after the last one has voted the president will say: "The voting is closed." The doors will be opened to the public but no more votes will be received.

ART. 13. The voting having been completed in the foregoing manner, one of the secretaries will read aloud the names of the voters, and the president will immediately state their number, proceeding to the scrutiny. This will be carried out by the president taking from the ballot box all the ballots one by one, unfolding them and reading them aloud, placing them on the table in the same order in which they were

taken out.

The secretaries will make a record of the voting, to compare it with the ballots that have been placed on the table.

Any of the voters has the right to read, count, and compare the ballots with the record taken by the secretaries.

ART. 14. Ballots the validity of which may be doubted will be laid aside and the scrutiny continued to the end. The board will afterwards examine the doubtful ballots and decide upon them by majority, as in all cases, according to the provisions of the following article:

ART. 15. The ballots containing more than the number of names which an elector can designate, and those which may be illegible, will be declared rejected. With regard to mistakes in spelling, slight differences is names and second names, inversion of these or omission of any, the board will decide favorably whenever there is no reason to believe that the voter had intended to designate another person, which decision, with a statement of facts and the protests that may arise, will be stated in the record, attaching to the papers in these cases the ballots upon which the mentioned resolution was taken.

Whenever two or more ballots are found folded together they will be rejected, so stating in the minutes. These ballots will be kept only for the purpose of verifying the number of voters.

ART. 16. When the ballots have been read and the resolutions in regard to doubtful cases rendered, if no protest has arisen against the scrutiny, or those which have arisen are properly decided, each secretary will recount the votes obtained by the candidates, and, if they appear correct, a list will be made of those which each one has obtained, from the highest to the lowest. In case this counting does not appear correct, a new revision and recounting of the ballots will be had, and the result thereof will stand as final.

ART. 17. This list will be read aloud by one of the secretaries. As soon as the reading is ended, the president of the board will proclaim